HomeMy WebLinkAboutRES NO 49-74RESOLUTION NO. 49-74
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SUSPENDING THE OPERATION OF
CONTRACT TO CONSTRUCT IRRIGATION LINE.
WHEREAS, this City Council at its regular meeting of
May 6, 1974, determined that Continental Contractors (Ray Anderson)
as contractor, had failed to prosecute to satisfactory completion,
the work involved in the Contract to Construct Irrigation Line to
Serve SE Quarter of Section 21, T30S, R28E, M.D.B.& M., with the
City, dated February 20, 1974; and
WHEREAS, on May 7, 1974, a written Notice was sent to
said contractor notifying him that h e-lwas required to provide
means for satisfactory compliance with the contract on or before
June 5, 1974; that should he neglect or refuse, that the City Council
had indicated it would suspend the operation of the contract; and
WHEREAS, it is hereby determined that as of the date of
this Resolution the contractor has not prosecuted the work with
the diligence and force specified and intended in and by the terms
of the contract and therefore has not satisfactorily complied with
said contract and has not put the irrigation line in complete order
for use, and it is therefore determined that this City Council should
suspend the operation of the contract under Section 6(f) of the
Special Provisions of the Specifications contained in said contract.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of
the City of Bakersfield as follows:
1. That the Contract to Construct Irrigation Line, dated
February 20, 1974, hereinabove.referred to, is hereby suspended.
2. That the City itself through the Public Works Depart-
ment, shall take possession of the project for the purpose of carry-
ing the said contract to completion or causing it to be carried to
completion and that the contractor's control is hereby terminated.
3. That any excess of cost arising therefrom over and
above the contract price will be charged against the contractor
and his sureties; all money due the contractor or retained under
the terms of the contract shall be forfeited to the City, provided
that such forfeiture will not release the contractor or his sureties
from liability or failure to fulfill the contract. The contractor
and his sureties will be credited with the amount of money so
forfeited toward any excess of cost over and above the contract
price, arising from the suspension of the operation of the contract
and the completion of the work by the City as above provided, and
the contractor will be so credited with any surplus remaining after
all just claims for such completion have been paid.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 1Zth day of June, 1974, by the following
vote:
· ':,- X,~ -:~,f,. _': - o~/~n
· :"~'~ e, 1974
A \
PPROVED thiT,~.~7.'_t'h , y
/
akersfield
the
APPROVED as to form: